UNIVERSITY OF NEW SOUTH WALES LAW JOURNAL最新文献_第10页

‘Every Move You Make … Every Word You Say’: Regulating Police Body Worn Cameras “你的一举一动……你说的每一句话”:规范警察随身携带的相机

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UNIVERSITY OF NEW SOUTH WALES LAW JOURNAL Pub Date : 2021-09-01 DOI: 10.53637/ckfl3988

Robyn Blewer, Ron Behlau

引用次数: 0

Managing Nascent Digital Competition: An Assessment of Australian Merger Law under Conditions of Radical Uncertainty 管理恶劣的数字竞争：在极端不确定性条件下对澳大利亚合并法的评估

IF 1.3

UNIVERSITY OF NEW SOUTH WALES LAW JOURNAL Pub Date : 2021-09-01 DOI: 10.53637/bpkh7535

Joshua Sinn

引用次数: 0

Where is the evidence in evidence-based law reform? 循证法改革的证据在哪里?

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UNIVERSITY OF NEW SOUTH WALES LAW JOURNAL Pub Date : 2021-09-01 DOI: 10.31222/osf.io/698ze

J. Chin, S. Nakagawa, M. Lagisz

引用次数: 3

To Boldly Go, Part I: Developing a Specific Legal Framework for Assessing the Regulation of International Data Trade under the CISG 大胆前行，第一部分:制定评估《销售公约》下国际数据贸易监管的具体法律框架

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UNIVERSITY OF NEW SOUTH WALES LAW JOURNAL Pub Date : 2021-09-01 DOI: 10.53637/cbtf8485

B. Hayward

引用次数: 0

Legal challenges to ICU triage decisions in the COVID-19 pandemic: How effectively does the law regulate bedside rationing decisions in Australia? COVID-19大流行期间ICU分诊决定面临的法律挑战:法律如何有效地规范澳大利亚的床边配给决定?

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UNIVERSITY OF NEW SOUTH WALES LAW JOURNAL Pub Date : 2021-04-08 DOI: 10.53637/FSJG1698

Eliana Close, Simon N. M. Young, Tina Cockburn, L. Willmott, B. White

{"title":"Legal challenges to ICU triage decisions in the COVID-19 pandemic: How effectively does the law regulate bedside rationing decisions in Australia?","authors":"Eliana Close, Simon N. M. Young, Tina Cockburn, L. Willmott, B. White","doi":"10.53637/FSJG1698","DOIUrl":"https://doi.org/10.53637/FSJG1698","url":null,"abstract":"The COVID-19 pandemic has raised the difficult question of how to ration scarce intensive care resources when a health system is overwhelmed. Despite substantial ethical scholarship addressing these rationing decisions, little is known about the legal position in Australia. This article considers various legal challenges in response to a clinical scenario denying intensive care admission and a ventilator to a critically ill patient with COVID-19. The article considers key challenges in negligence, criminal law, administrative law, human rights law, and under the parens patriae jurisdiction and guardianship legislation, and how they would apply to this scenario. The article concludes that while there are many obstacles to a successful legal challenge, the law can provide important scrutiny and guidance in the design of decision-making processes and triage policies. To adequately protect individual interests, the article supports calls in the ethical literature to make these policies transparent for public scrutiny. © 2021, University of New South Wales Law Journal. All rights reserved.","PeriodicalId":45951,"journal":{"name":"UNIVERSITY OF NEW SOUTH WALES LAW JOURNAL","volume":"44 1","pages":"9-58"},"PeriodicalIF":1.3,"publicationDate":"2021-04-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41360102","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 1

The australian government’s use of the military in an emergency and the constitution 澳大利亚政府在紧急情况下动用军队与宪法

IF 1.3

UNIVERSITY OF NEW SOUTH WALES LAW JOURNAL Pub Date : 2021-04-01 DOI: 10.53637/JJZV8883

A. Gray

引用次数: 1

COVID-19 and sites of confinement: Public health, disposable lives and legal accountability in immigration detention and aged care 2019冠状病毒病与禁闭场所:移民拘留和老年护理中的公共卫生、一次性生命和法律问责

IF 1.3

UNIVERSITY OF NEW SOUTH WALES LAW JOURNAL Pub Date : 2021-04-01 DOI: 10.53637/GELR7037

S. Dehm, C. Loughnan, L. Steele

{"title":"COVID-19 and sites of confinement: Public health, disposable lives and legal accountability in immigration detention and aged care","authors":"S. Dehm, C. Loughnan, L. Steele","doi":"10.53637/GELR7037","DOIUrl":"https://doi.org/10.53637/GELR7037","url":null,"abstract":"The global COVID-19 pandemic starkly revealed the underlying structural harms and produced vulnerabilities for people living in closed congregate settings like immigration detention centres (‘IDCs’) and residential aged care facilities (‘RACFs’). This article compares the Australian legal regimes that regulate IDCs and RACFs, conceptualising both as authorising and enabling sites of control, confinement and social isolation. We argue that specific COVID-19 measures have intensified a logic of social exclusion and disposability towards people in IDCs and RACFs. Through comparing recent COVID-19 litigation, the article explores the possibilities and limitations of engaging legal strategies to achieve social reform and legal accountability within both sites of confinement. Ultimately, we suggest that such COVID-19 litigation has the greatest possibility of advancing social justice when it is embedded in a broader politics of de-incarceration and abolition oriented towards political inclusion, public health and building more equitable and just communities. © 2021, University of New South Wales Law Journal. All rights reserved.","PeriodicalId":45951,"journal":{"name":"UNIVERSITY OF NEW SOUTH WALES LAW JOURNAL","volume":"44 1","pages":"59-102"},"PeriodicalIF":1.3,"publicationDate":"2021-04-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44915880","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 11

Trade Mark Law’s Identity Crisis (Part 1) 商标法的身份危机（上）

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UNIVERSITY OF NEW SOUTH WALES LAW JOURNAL Pub Date : 2021-04-01 DOI: 10.53637/EROC6525

M. Handler

引用次数: 0

SOCIAL ENTRAPMENT EVIDENCE: UNDERSTANDING ITS ROLE IN SELF-DEFENCE CASES INVOLVING INTIMATE PARTNER VIOLENCE 社会诱捕证据:理解其在涉及亲密伴侣暴力的自卫案件中的作用

IF 1.3

UNIVERSITY OF NEW SOUTH WALES LAW JOURNAL Pub Date : 2021-04-01 DOI: 10.53637/VJII7190

H. Douglas, Stella Tarrant, J. Tolmie

{"title":"SOCIAL ENTRAPMENT EVIDENCE: UNDERSTANDING ITS ROLE IN SELF-DEFENCE CASES INVOLVING INTIMATE PARTNER VIOLENCE","authors":"H. Douglas, Stella Tarrant, J. Tolmie","doi":"10.53637/VJII7190","DOIUrl":"https://doi.org/10.53637/VJII7190","url":null,"abstract":"This article considers what evidence juries need to help them apply the defence of self-defence where a woman claims she has killed an abusive partner to save her own life. Drawing on recent research and cases we argue that expert evidence admitted in these types of cases generally fails to provide evidence about the nature of abuse, the limitations in the systemic safety responses and the structural inequality that abused women routinely face. Evidence of the reality of the woman’s safety options, including access to, and the realistic support offered by, services such as police, housing, childcare, safety planning and financial support should be presented. In essence, juries need evidence about what has been called social entrapment so they can understand how women’s safety options are deeply intertwined with their degree of danger and therefore with the question of whether their response (of killing their abuser) was necessary based on reasonable grounds. We consider the types of evidence that may be important in helping juries understand the concept and particular circumstances of social entrapment, including the role of experts in this context.","PeriodicalId":45951,"journal":{"name":"UNIVERSITY OF NEW SOUTH WALES LAW JOURNAL","volume":"44 1","pages":"324-354"},"PeriodicalIF":1.3,"publicationDate":"2021-04-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42126081","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 1

The courts, the remote hearing and the pandemic: From action to reflection 法院、远程听证和大流行病:从行动到反思

IF 1.3

UNIVERSITY OF NEW SOUTH WALES LAW JOURNAL Pub Date : 2021-04-01 DOI: 10.53637/ZATE4122

M. Legg, A. Song

{"title":"The courts, the remote hearing and the pandemic: From action to reflection","authors":"M. Legg, A. Song","doi":"10.53637/ZATE4122","DOIUrl":"https://doi.org/10.53637/ZATE4122","url":null,"abstract":"With the onset of the COVID-19 pandemic, courts around the world rapidly shifted to remote hearings. Balancing public health directives with the need to continue upholding the rule of law, what followed was the largest, unforeseen mass-pilot of remote hearings across the world. For courts this was necessarily a time of action, not reflection. However, after having maintained court operations, it is now necessary to reflect on the experience of remote courts and their users during an otherwise unprecedented situation. Unlike previous iterations of remote hearings, the COVID-19 experience was fully remote – whereby all participants took part in the hearing remotely. The difficulty is until now, almost no prior empirical data has existed on this type of fully remote hearing with the majority of previous research focused on the use of audiovisual links (‘AVLs’) to facilitate partially remote appearances within courtrooms. To bridge the research and data gap on fully remote hearings, this article draws on the previous body of literature to both examine the COVID-19 experience, and to assist in guiding future research and use of remote hearings. © 2021, University of New South Wales Law Journal. All rights reserved.","PeriodicalId":45951,"journal":{"name":"UNIVERSITY OF NEW SOUTH WALES LAW JOURNAL","volume":"44 1","pages":"125-165"},"PeriodicalIF":1.3,"publicationDate":"2021-04-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42972767","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 7